mohammad zendehdel

One of the expressions cited in jurisprudential books for understanding and validity of hadiths is the term “Qażīya fī Wāqiʿa”, based on which the jurists consider some specific hadiths as Unathority for deriving general rulings.  A number of references are made in the works of early jurisconsults that refer to some aspects of this term. The present study, carried out using the descriptive-analytical method and through library research, will first analyze the meaning, application, and implications of “Qażīya fī Wāqiʿa”, and then debunk the errors related to the term. The components of “Qażīya fī Wāqiʿa” include the indication of a ḥadīth regarding the actions of the Maʿṣūm (infallible), the narration of action by the Maʿṣūm (infallible), the lack of intent for legalization and the narration of action, and the inability to reconcile with common understanding. The issuance of Actual Sunnah in response to a narrator’s question, and the narrator mentioning the continuation of Actual Sunnah by the Maʿṣūm (infallible) are some of the indications revealing that the Actual Sunnah was made with the intent of legalizing (Tashrīʿ) and clarifying a legal ruling.

One of the factors involved in the abolishing of property is the principle of Tark-i ʾIstisfṣāl, which helps the generalizing of the verdict beyond the specific matter questioned by the narrator. In some Ḥadīths, the narrator’s question is general and it is possible to logically infer the generality of the verdict based on the generality of the question and by omitting the specifications of the Maʿṣūm (infallible). Some aspects of the principle have been mentioned in the foundational (Usūlī) books of early Juriconsults. In order to determine the scope of Tark-i ʾIstisfṣāl, a proper analysis of the principle is needed. Similarly, the components, channels, methods of inferring used by the general public, and the principle’s scope of application should be analyzed. Pursuing this topic in jurisprudential and foundational (Usūlī) sources by employing the descriptive-analytical method has revealed the following results First, the components of Tark-i ʾIstisfṣāl consist of the antecedence of the narrator’s question, the possibility of generalization for the answer, and the existence of probability in the question. Second, Tark-i ʾIstisfṣāl is more prevalent in ʾIftāyī (precautionary) Ḥadīths, and the independence or lack of independence of the Maʿṣūm (infallible)’s answer does not influence the general application of the principle. Third, the questioner’s intention and the inequality of probabilities plays a determining role in the scope of generality in Tark-i ʾIstisfṣāl. Finally, the generality of Tark-i ʾIstisfṣāl is inferred and weak. The specificity of Maʿṣūm (infallible) is does not necessarily help the exclusiveness or specificity of the verdict.

One of the influential elements in jurisprudential inferences is Irtikazat (the points which can be focused on by the jurists, Usul scholars or narrators), which is widely used in subject studies, ruling studies, subject creation, extracting legal sirehs (lifestyles), and strengthening the implications of hadith. The jurists, especially the later ones, have been aware of this fact and have documented their inferences to the irtikazat in some cases. Usul scholars have also pointed out the truth of irtikazat and its effects in some cases. However, so far there has been no study on the sources of extracting irtikazat. This paper, via using a descriptive-analytical method, has tried to examine and find the origins of the documented irtikazat in Islamic jurisprudence, to deal with the role of the narrator's question in extracting irtikazat and the effect of these irtikazat in jurisprudential inferences. The findings of the study suggested that irtikazat are the neglected beliefs that if a person realizes and finds it, it reaches the stage of conscience. The Infallibles' handwriting (documents written by the Fourteen Infallibles) is sufficient for the validity of the questioner's irtikaz. The narrator's question is the most important source of extracting irtikazat. The emergence of Sharia hadiths is under the influence of irtikazat. The causes of the hadith as an irtikaz can be effective in identifying its argument. Sometimes, irtikaz can create subjects. irtikazat have the ability to express the behavior of the society in the age of the Infallibles and the sirehs of the legislators.